Utah Issues Licensing and Rulemaking Actions for Public Comment

Byproduct License Renewal and Source Material Distribution

During the last week of August 2017, the Utah Department of Environmental Quality (DEQ), Division of Waste Management and Radiation Control (DWMRC), announced that it is currently accepting public comment on the following licensing and rulemaking actions:

  • renewal of the EnergySolutions’ 11e.(2) byproduct radioactive materials license (UT2300478) for the licensee’s site near Clive (Tooele County), Utah; and,
  •   changes to the state’s radiation control rules to incorporate the federal regulatory changes promulgated by the U.S. Nuclear Regulatory Commission (NRC) related to 10 CFR Parts 30, 40 and 70

In addition, on August 18, 2017, the DWMRC notified stakeholders that it had approved the final adoption of rule changes to incorporate the following into Title R315 of the Utah Administrative Code (UAC):

  •   the U.S. Environmental Protection Agency (EPA) final Hazardous Waste Generator Improvements Rule (HWGIR) as published on November 28, 2016 at 81 Federal Register 85,732;
  •   addition of a used oil generator as defined under Mixed Mode Transit System (NAICS code of 485111) to the list of used oil transporters considered to have a permit by rule to transport their own used oil to a permitted used oil recycler; and,
  •   selected corrections and clarifications.

Renewal of EnergySolutions’ 11e.(2) Byproduct Radioactive Materials License  On May 3, 2012, EnergySolutions submitted an application to the DWMRC Director to renew the Clive facility’s 11e.(2) byproduct radioactive materials license.  On August 16, 2017, the DWMRC commenced a forty-five day public comment period for the proposed licensing action.  The public comment period will end on October 2, 2017.

A public hearing will be scheduled if requested, by any citizen, by September 5, 2017.  If requested, the hearing will be held from 1:00 p.m. to 4:00 p.m. on September 26, 2017.  The purpose of the public hearing, if held, will be to take comments from the public and to provide an opportunity for questions and answers relating to the renewal of the 11e.(2) license.

Written comments will be accepted if received by 5:00 p.m. on October 2, 2017.  Comments can sent by electronic mail to dwmrcpublic@utah.gov.  Comments sent in electronic format should be identified by putting the following in the subject line: Public Comment on EnergySolutions’ 11e.(2) license UT2300478 Renewal.  All documents included in comments should be submitted as ASCII (text) files or in pdf format.

The draft license and Technical Review and Environmental Assessment Report are available on the Division website at https://deq.utah.gov/NewsNotices/notices/waste/index.htm#phacp or by using EZ Records Search http://eqedocs.utah.gov/. 

For further information, please contact David Esser of the Division of Waste Management and Radiation Control at (801) 536-0079.

Changes to the State’s Radiation Control Rules to Incorporate Federal Regulatory Changes re 10 CFR Parts 30, 40 and 70  On May 29, 2013, the NRC adopted changes to 10 CFR Parts 30, 40, and 70.  These rule changes require the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license, including new reporting requirements.  Changes to corresponding Utah radiation control rules are required to maintain regulatory compatibility with NRC rules and Utah’s status as an Agreement State with the NRC.

The rule is intended to provide timely information on the types and quantities of source material distributed for use either under exemption or by general licensees.  In addition, the rule modifies the existing possession and use requirements of the general license for small quantities of source material to better align the requirements with current health and safety standards.

The rule also revises, clarifies, or deletes certain source material exemptions from licensing to make the exemptions more risk informed.  This rule affects manufacturers and distributors of certain products and materials containing source material and certain persons using source material under a general license and under exemptions from licensing.

Comments may be submitted by email to dwmrcpublic@utah.gov.  The public comment period will end on September 15, 2017.

For additional information and the specific proposed rule changes, please see the August 15, 2017 issue (Volume 2017, Number 16) of the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/.

Final Adoption of Rule Changes to Incorporate Hazard Waste Generators Improvements Rule  The effective date for the final adoption of rule changes to, amongst other things, incorporate HWGIR became effective on August 31, 2017.

For additional information and the specific proposed rule changes, please see the June 1, 2017 issue (Volume 2017, Number 11) of the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/ or the DWMRC Board meeting packet for August 10, 2017 at https://utah.gov/pmn/files/319799.pdf. 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

New Potential Regulations for Power Reactor Decommissioning

From May 8-10, 2017, the U.S. Nuclear Regulatory Commission (NRC) held a public meeting to discuss the draft regulatory basis and preliminary draft regulatory analysis for a future regulation on decommissioning commercial nuclear power plants.  The meeting was held at the NRC’s headquarters in Rockville, Maryland.

Overview  On March 15, 2017, NRC published the draft regulatory basis for the rulemaking for public comment.  It describes several decommissioning issues to be addressed in the new regulation, as well as possible resolutions.  The rule would establish clear requirements for commercial power reactors transitioning to decommissioning.  The draft regulatory basis draws upon comments submitted in response to an Advance Notice of Proposed Rulemaking (ANPR) that was published in November 2015.  A notice regarding the draft regulatory basis was published in the Federal Register later in March 2017, initiating a 90-day public comment period.  The preliminary draft regulatory analysis, which describes the costs and benefits of all approaches to resolving the issues, was published prior to the public meeting.

Public Meeting  During the public meeting, NRC staff members presented both the draft regulatory basis and the preliminary draft regulatory analysis with extended discussions of various subjects to be addressed in the rulemaking.  Members of the public were encouraged to ask questions and provide feedback, although the staff did not take formal public comment on either document at the meeting.  The following is a brief overview of the agenda topics for each day of the meeting: the current regulatory approach to decommissioning, the back-fit analysis of the proposed rulemaking, drug and alcohol testing and fatigue management; emergency preparedness, aging management, cyber security and physical security; decommissioning trust funds, onsite and offsite insurance indemnity agreements, and certified fuel handler training and minimum staffing; and, the preliminary draft regulatory analysis.

Staff Analysis  In the draft regulatory basis, the NRC staff concludes there is sufficient justification to proceed with rulemaking in the following areas: emergency preparedness; physical security; decommissioning trust funds; offsite and onsite financial protection requirements and indemnity agreements; and, application of the back-fit rule.  The staff suggests guidance, rather than rulemaking, should be used to address the following items: the role of state and local governments in the decommissioning process; the level of NRC review and approval of a licensee’s post-shutdown decommissioning activities report; and, whether to revise the 60-year limit for power reactor decommissioning.  The NRC staff is seeking additional public input before making recommendations on the following topics: cyber security; drug and alcohol testing; minimum staffing and training requirements for certified fuel handlers; aging management; and, fatigue management. That additional input, as well as comments received on the draft document, will be considered as the staff develops the final regulatory basis, which the NRC plans to publish in late 2017.  That document will be used in developing a proposed rule to be provided to the Commission in the spring of 2018.  The NRC staff expects to provide a draft final rule to the Commission in fall 2019.

Background  The NRC published an ANPR on the draft regulatory basis for a future power reactor decommission rule in November 2015, seeking public comment on a number of areas to be considered during the rulemaking process.  The NRC began a similar rulemaking process in 2000-2001, but stopped after a stronger focus on security was prompted by the terrorist attacks of September 11, 2001.  However, five reactors have permanently shut down since the beginning of 2013, and three more are expected to cease operations by 2019.  The five reactors now undergoing decommissioning required several exemptions from NRC’s regulations for operating reactors to reflect their decommissioning status.  By incorporating changes into regulation, the NRC believes the transition from operation to decommissioning can become more efficient and effective for the agency and the licensee, as well as more open and transparent for the public.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

Comment Opportunity re Category 3 Source Protection and Accountability

On January 9, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a notice in the Federal Register seeking input from licensees, Agreement States, and the public to inform the agency staff’s assessment of potential revisions to regulations or processes requiring Category 3 source protection and accountability.   Comments on the notice, which contains specific questions that NRC has developed to assist the agency in its analysis that are separated into sections based on the topics and applicability to relevant stakeholders, are due by the close of business on March 10, 2017.

“The NRC is committed to keeping the public informed and values public involvement in its assessment effort,” states the Federal Register notice.  “Responses to this solicitation will be considered by NRC in preparing a report to the Committees on Appropriations of the House of Representatives and the Senate, pursuant to Public Law 113– 235, Section 403 and will inform staff consideration of the regulatory impacts for any recommendations related to Category 3 source security and accountability, which will be documented in a paper to be provided to the Commission in August 2017.”

The notice further states that the NRC plans to hold three public meetings and two webinars during the public comment period for this action.  The first public meeting was held at the NRC headquarters in Rockville, Maryland on January 31, 2017.  The two other public meetings will be held outside of the Washington, DC area.  The webinars are scheduled for February 21, 2017 and March 2, 2017.  The public meetings and webinars will provide forums for the NRC staff to discuss the issues and questions with members of the public.  NRC plans to use the information received to develop a report to the Commission.

Overview

On October 18, 2016, NRC issued a Staff Requirements Memorandum (SRM) for COMJMB–16–0001 and directed NRC staff to take specific actions to evaluate whether it is necessary to revise NRC regulations or processes governing source protection and accountability.

Specifically, the Commission asked the staff to conduct an evaluation of, among other things, the pros and cons of different methods of requiring transferors of Category 3 quantities of radioactive material to verify the validity of a transferee’s license prior to transfer; the pros and cons of including Category 3 sources in the National Source Tracking System (NSTS); and, the risks posed by aggregation of Category 3 sources into Category 2 quantities.

As part of this evaluation, the NRC is seeking input from licensees, Agreement States, and the public to inform the staff’s assessment of potential revisions to regulations or processes requiring Category 3 source protection and accountability.

Comments

Interested stakeholders may submit comments by any of the following methods:

  •   Federal Rulemaking Website:  Go to http://www.regulations.gov and search for Docket ID NRC–2016–0276.
  •   Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

Interested stakeholders are requested to please include Docket ID NRC–2016– 0276 in any comment submission.  Comments are due by the close of business on March 10, 2017.

For additional information, please contact Irene Wu of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415– 1951 or at Irene.Wu@nrc.gov.

NRC to Review WCS Application re Spent Nuclear Fuel Storage Facility

On January 26, 2017, the U.S. Nuclear Regulatory Commission announced that the agency has docketed and accepted for formal review an application from Waste Control Specialists (WCS) to build and operate a spent nuclear fuel Consolidated Interim Storage Facility (CISF) in Andrews, Texas.  The NRC’s decision follows an acceptance review to determine whether the application contains sufficient information for the agency to begin its formal review.

WCS is seeking to store 5,000 metric tons uranium of spent fuel received from commercial nuclear power reactors across the United States.

Overview

NRC’s review will proceed on two parallel tracks—one on safety issues and the other on environmental issues.  Both the safety and environmental reviews must be completed before the NRC makes a final licensing decision on the application.

In a letter to WCS dated January 26, 2017, the NRC set a schedule for its safety and environmental reviews.  The schedule sets a target of making a licensing decision by the third quarter of fiscal year 2019—assuming that WCS provides high-quality responses, on schedule, to any NRC requests for additional information.

Interested stakeholders will have 60 days from publication of a notice of docketing in the Federal Register, which will appear shortly, to submit requests for a hearing and petition to intervene in the licensing proceeding for the proposed facility.  Details on how to submit those requests and petitions will be in the Federal Register notice.

The NRC’s letter to WCS is available on the agency’s website at https://www.nrc.gov/docs/ML1701/ML17018A168.pdf.

Public Meetings

The NRC will hold the following two public meetings near the site of the proposed CISF to take public comments on the scope of the environmental review:

  • Hobbs, New Mexico:  Lea County Event Center (5101 N. Lovington Highway) from 7:00 – 10:00 p.m. MT on February 13, 2017
  • Andrews, Texas:  James Roberts Center (855 TX-176) from 7:00 – 10:00 p.m. CT on February 15, 2017

Stakeholders that are interested in attending or speaking are encouraged to pre-register by calling (301) 415- 6957 no later than three days prior to the scheduled meetings.  The public may also register in person at each meeting.  The time allowed for each speaker may be limited, depending on the number of registered speakers.

The NRC is also planning to hold additional scoping meetings at the agency’s headquarters in Rockville, Maryland during the week following the local meetings.  Details for these meetings are still being finalized.

Information about the public meetings will be posted to the NRC public meetings schedule on the agency’s website at www.nrc.gov.

Submitting Comments

Interested stakeholders can submit comments on the scope of the Environmental Impact Statement (EIS) for the CISF as follows:

  • Federal Rulemaking Website: Electronic provide comments at regulations.gov
  • Mail:  Send comments to Cindy Bladey, Office of Administration, Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001

Written comments should refer to Docket ID NRC-2016-0231.  The NRC will accept public comments through March 13, 2017.

Background

On April 28, 2016, WCS filed an application seeking a 40-year license for a CISF to receive spent fuel from nuclear reactors for storage, pending final disposal.  (See LLW Notes, May/June 2016, pp. 16-17.)  Specifically, WCS is requesting authorization to construct and operate a CISF at the company’s 60.3 square kilometer (14,900 acre) site in western Andrews County, Texas.  On this site, WCS currently operates facilities that process and store certain types of radioactive material—mainly low-level radioactive waste and mixed waste.  The facility also disposes of hazardous and toxic waste.

According to the application, WCS plans to construct the CISF in eight phases.  Phase one of the CISF would be designed to provide storage for up to 5,000 metric tons uranium (MTU) of spent nuclear fuel received from commercial nuclear power reactors across the United States.  WCS proposes that small amounts of mixed oxide spent fuels and Greater-Than-Class C (GTCC) low-level radioactive wastes also be stored at the CISF.  WCS stated that it would design each subsequent phase of the CISF to store up to an additional 5,000 MTU.  A total of up to 40,000 MTU would be stored at the site by the completion of the final phase.  Each phase would require NRC review and approval.

WCS would receive canisters containing spent nuclear fuel from the reactor sites.  Once accepted at the site, WCS would transfer them into onsite dry cask storage systems.  WCS plans to employ dry cask storage system technology that has been licensed by the NRC pursuant to 10 CFR Part 72 at various commercial nuclear reactors across the country.  According to WCS, the dry cask storage systems proposed for use at the CISF would be passive systems (i.e., not relying on any moving parts) and would provide physical protection, containment, nuclear criticality controls and radiation shielding required for the safe storage of the spent nuclear fuel.  WCS also states that the dry cask storage systems would be located on top of the concrete pads constructed at the CISF.

For additional information, please contact Maureen Conley of the U.S. Nuclear Regulatory Commission at (301) 415-8200.

Comments Sought re Proposed Medical Radioisotope Production Facility

On November 15, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is seeking public comment on its Draft Environmental Impact Study of a medical radioisotope production facility proposed for Columbia, Missouri.

The study recommends a construction permit be issued to Northwest Medical Isotopes LLC, barring any safety issues identified in the agency’s ongoing technical review of the application.

Overview

The DEIS (NUREG-2209) documents the NRC staff’s environmental review of Northwest’s construction authorization application.  It examines the environmental impacts of construction, operation and decommissioning of the proposed facility, as well as the transportation and irradiation of uranium targets at research reactors.  It concludes the environmental impacts would be small and therefore not be significant enough to deny the construction permit.

On December 6, 2016, NRC staff held a public meeting in Columbia to present the draft study’s findings and receive public comment.  Agency staff members were on hand one hour before the meeting for informal discussions with members of the public.

Comments

NRC accepted comments on the DEIS at the public meeting on December 6, 2016.  Comments may also be submitted in writing online at www.regulations.gov using Docket ID NRC-2013-0235.  Comments will be accepted through December 29, 2016.  Additional information on the public meeting and how to submit comments was published in the Federal Register on November 9, 2016.

Background

In February 2015, Northwest submitted an application proposing to construct a facility to produce molybdenum-99 from low-enriched uranium.  Molybdenum-99 decays to technetium-99m, the most commonly used radioisotope in medicine.  Technetium-99m is used in 20 million to 25 million diagnostic procedures around the world each year, such as bone and organ scans to detect cancer, and cardiovascular imaging.  There are currently no molybdenum-99 production facilities in the United States, though the NRC has issued a construction authorization to SHINE Medical Technologies to build one in Janesville, Wisconsin.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

Scoping Effort Initiated re Environmental Review of Proposed WCS Interim Spent Fuel Storage Facility

On November 14, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is seeking comments from the public on the issues to be covered in the environmental review of an application from Waste Control Specialists LLC (WCS) to construct and operate a facility to store spent nuclear fuel in Andrews County, Texas.  The NRC will prepare an Environmental Impact Statement (EIS) to document its evaluation of those impacts and is now taking public comments on the scope.

By letter dated July 21, 2016, WCS requested that NRC begin its EIS process as soon as possible.  In a response dated October 7, 2016, NRC agreed to WCS’ request because doing so will allow the agency to engage interested members of the public early in the process.  It will also provide additional time to consult with federal, tribal, state and local government agencies, facilitating compliance with the Endangered Species Act and the National Historic Preservation Act.  In addition, the environmental review will fulfill requirements in the National Environmental Policy Act (NEPA) to do an analysis of environmental impacts for major federal actions.  However, NRC’s decision to begin the EIS process early does not presuppose the outcome of its ongoing acceptance review of the WCS application.

The EIS prepared by the NRC staff will examine the potential environmental impacts of the proposed action.  The NRC staff will evaluate the potential impacts to various environmental resources, such as air quality, surface and ground water, transportation, geology and soils, and socioeconomics.  The EIS will analyze potential impacts of WCS’s proposed facility on historic and cultural resources and on threatened and endangered species.  Additionally, the economic, technical, and other benefits and costs of the proposed action and alternatives will be considered in the EIS.

If the application is accepted for a detailed technical review, the NRC staff will also conduct a safety review to determine WCS’s compliance with NRC’s regulations, including 10 CFR Part 20 and 10 CFR Part 72.  The NRC staff’s findings will be published in a Safety Evaluation Report.

The scoping period began on November 14, 2016.  If the WCS application is docketed, the scoping period will end 45 days after publication of a notice of docketing the application.

Written comments on the scope of the environmental review may be submitted via:

  •   the federal government’s rulemaking website at www.regulations.gov;
  •   email to WCS_CISF_EIS@nrc.gov; or,
  •   mail to Cindy Bladey, Office of Administration, Mail Stop: OWFN- 12 H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Comments must be submitted by the closing date of the scoping period to ensure consideration.  Stakeholders should include Docket ID NRC-2016-0231 when submitting comments.

The ER submitted by WCS can be found on the NRC’s project-specific web page at http:// www.nrc.gov/waste/spent-fuel-storage/ cis/wcs/wcs-app-docs.html.  For additional information, please contact James Park, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415– 6954 or at James.Park@nrc.gov.

Comments Sought re Utah’s Proposed New Hazardous Waste Rules

At its January 2016 meeting, the Utah Waste Management and Radiation Control Board (Board) authorized the following Hazardous Waste rules: R315-103, R315-124, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 to be published in the Utah Bulletin and to commence a 30 day comment period.

The Board also approved the publication and commencement of public comment on the repeal of following rules: R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50.

The comment period will begin on February 1, 2016.  Written comments on both of these proposals will be accepted if received by 5:00 p.m. MT on March 3, 2016. Written comments should be submitted to the following mailing address:

Scott T. Anderson, Director
Division of Waste Management and Radiation Control
Department of Environmental Quality
P.O. Box 144880
Salt Lake City, Utah 84114-4880

Comments can also be hand delivered and must be received by 5:00 p.m. MT on March 3, 2016. Hand-delivered comments should be submitted to the following address:

Division of Waste Management and Radiation Control
Multi Agency State Office Building
195 North 1950 West, 2nd Floor
Salt Lake City, Utah 84116

Comments can also be sent via electronic mail to swpublic@utah.gov.  Comments submitted via electronic format should be identified by putting, “Public Comment on Hazardous Waste Rules,” in the subject line. All documents included in comments should be submitted as ASCII (text) files or in pdf format.

An unofficial copy of the proposed hazardous waste rules will be made available on the Internet at http://www.deq.utah.gov/Laws_Rules/dshw/ProposedHWRules.htm.

For additional information, please contact Ralph Bohn of the Division of Waste Management and Radiation Control at (801) 536-0212.

NRC Seeks Comments re Contaminated Material and Contaminated Trash

In a Federal Register notice issued on January 20, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is requesting comments on whether NRC staff should formally document a position on contaminated material and contaminated trash.

In February 2015, NRC issued Revision 1 of the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP). The CA BTP provides acceptable methods that can be used to perform concentration averaging of low-level radioactive waste for the purpose of determining its waste class for disposal. When the NRC issued the revised CA BTP, it noted that one issue, distinguishing contaminated materials from contaminated trash, may need further clarification. The NRC also stated that it would consider whether additional guidance, such as a Regulatory Issue Summary (RIS), would be warranted for distinguishing contaminated materials from contaminated trash.

Interested stakeholders are requested to submit comments by March 21, 2016. Comments received after this date will be considered if it is practical to do so, but NRC is able to ensure consideration only for comments received before this date.

The Federal Register notice includes a list of questions for which the NRC is requesting specific comments, as well as information on how to submit comments.

NRC’s request for comments can be found at 81 Federal Register 3,166 (January 20, 2016) via the following link: https://www.gpo.gov/fdsys/pkg/FR-2016-01-20/pdf/2016-00972.pdf.

For additional information, please contact Don Lowman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415– 5452 or at Donald.Lowman@nrc.gov.

Texas Compact Seeks Comment re Proposed Import Approval Approach

The Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) is seeking comments on a proposed process for approving import applications for the disposal of low-level radioactive waste into the Compact Waste Facility that is operated by Waste Control Specialists LLC (WCS) and located in Andrews County, Texas.

Under the laws of the State of Texas, no more than 275,000 curies of low-level radioactive waste may be disposed at the Compact Waste Facility in a fiscal year. Therefore, the Texas Compact Commission is working to develop and institute an import prioritization process that would provide the maximum chance of curies being available for shipment to those generators that are able to ship to the Compact Waste Facility.

The Texas Compact Commission’s proposed concept paper, which is titled “A Process for Conditional Approval of Authorization to Dispose of Curies,” states as follows:

  1. Generally, the Commission will continue to enter into agreements with generators and brokers for importation of nonparty low-level radioactive waste for disposal (“Agreement”) in the Texas-Low Level Radioactive Waste Disposal Compact Facility (“Facility”) that are effective on the date of approval by the Commission through August 31 (the last day of the Facility’s operational year). Generators and brokers may submit applications for future operational years, but those applications will be considered in light of this policy.
  1. Starting with the February 4, 2016 meeting, all Agreements to import and dispose of a total volume of waste that contains more than 2,000 Curies during an operational year will be entered on a conditional basis.
  1. The conditions that will be included in any Agreement to import and dispose of more than 2,000 Curies will include (but not be limited to):
  • A condition providing that no shipments may be made under the Agreement without further authorization from the Commission.
  • A condition requiring that no less than 15 days before a shipment is made under the Agreement, the Generator or Broker shall provide the Commission a written notice containing evidence satisfactory to the Commission that a shipment will be made on the date proposed in the notice and that it will contain a specifically identified number of Curies. It is acknowledged that weather or other unforeseen conditions may cause a nominal delay of shipment, but that delay shall not exceed 5 days, or a new condition removal letter will be required.
  • A condition providing that no shipment will be made until the Generator or Broker has received a written communication from the Commission that: (1) it has received the notice from the Generator or Broker; (2) it is satisfied that the shipment will be made on the proposed date and that it will contain the proposed number of Curies; and (3) the disposal of the waste listed in the notice will not cause the total number of Curies disposed at the Compact facility to exceed the maximum yearly allowances for that operating year.
  • A condition memorializing the understanding of the Generator or Broker that the Agreement is null and void and no further shipments can be made pursuant to the Agreement on or after the date during an operating year that the Facility has received low-level radioactive waste containing 275,000 Curies.

In addition to seeking comments on the overall proposed process, the Texas Compact Commission requests that stakeholders submit responses to the following questions:

  1. What is an appropriate threshold for issuing Curies conditionally? For import applications with Curie requests above the threshold, Curies would be issued conditionally by the Commission as opposed to the current practice of issuing them unconditionally. The proposed Concept Paper proposes 2,000 Curies as that limit.
  1. What would be appropriate documentation for demonstrating proof of a shipment is imminent? Is there a document that generators and brokers already use such that a new form would not need to be created and used? Are there good examples we could use should a new form need to be developed?
  1. How many days prior to a shipment are generators certain that the shipment will occur? The proposed Concept Paper proposes 15 days.
  1. How many days prior to a shipment are generators reasonably certain of the shipment’s Curie value?

Comments on the above questions and the proposed concept paper are due by January 25, 2016.

A cover letter with additional information and the proposed concept paper are available on the Texas Compact Commission’s web site at http://www.tllrwdcc.org/.

For additional information, please contact Texas Compact Commission Consulting Supervisory Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org.